Ord. No. 19-94-1569ORDINANCE NO.19-94-1569
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA AMENDING ARTICLE VTI OFTHE LAND
DEVELOPMENT CODE BY PROVIDING FOR A SPECIAL EXCEPTION
PROCESS FOR DEVELOPMENT WITHIN THE HOMETOWN DISTRICT
WHICH DOES NOT STRICTLY COMPLY WITH THE TERMS AND
PROVISIONS OF THE HOMETOWN DISTRICT OVERLAY ORDINANCE;
PROVIDING FOR STANDARDS AND PROCEDURES FOR SUCH SPECIAL
EXCEPTIONS,PROVIDING FOR SEVERABILITY;PROVIDINGFOR
ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,in 1992 and 1993 theCityofSouthMiamithrougha
joint effort,including an extensive design and analysis process,
which involved theCity government,property owners,residents,
homeowners,merchants,consultants,committees,and South Miami
Hometown,Inc.,determined a desired future forthe City's downtown
district;and,
WHEREAS,theCity Commission has adopted development
regulations knownasthe Hometown District Overlay Ordinance to
foster that desired future for the downtown area;and
WHEREAS,thatOrdinancecontainsdetailedcriteriafor
development oflandwithinthe district coveredbythe regulations;
and
WHEREAS,the City Commission recognizesthatthere may befrom
timetotimeacceptablealternativedesignproposalsforgiven
sites which arenotinstrictcompliance with someprovisionsof
the Hometown District regulations;and
WHEREAS,the City Commission isdesirousof providing apublic
hearings mechanism for considering such design proposals,andfor
granting relief,if deemed appropriate,from the strict application
of the district regulations.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That Article VTI of the Land Development Code
is hereby amended to add the following sections:
20-7.51 SPECIAL EXCEPTION.
A.The City Commission may by special exception waive strict
compliance with the provisions of the Hometown District
Overlay Ordinance.In granting a special exception,the
City Commission must findby substantial competent
evidence that:
1.The proposed development contributes to,promotes
and encourages the improvement of the Hometown
District and catalyzes other development as
envisioned in the Hometown District regulations.
2.Theproposeddevelopmentiscompatiblewiththe
landusesanddevelopmentintensities prescribed by
all applicable city regulations.
3.Theproposed development must possess integrity of
designcompatiblewiththedesigncriteria
established for the Hometown District and with the
overall image of the City.
4.Theproposeddevelopmentshallbedesignedina
mannerthatprovidesforeffectivemanagementof
traffic (vehicularand pedestrian),parking,
lighting,noiseandwastegeneratedbythe
development,andmanagementoftheimpactsofthe
development onpublicfacilitiesandservices.
5.Theproposed development doesnotexpandthe
permitted uses within the Hometown District.
6.The proposed developmentwillnothavean
unfavorable effect on the economy of the City of
South Miami.
7.The proposed development,when considered
cumulatively with other development,both present
and future,within the Hometown District,will not
create excessive overcrowding or concentration of
people or population.
B.The City Commission,in granting any special exception,
may prescribe any reasonable conditions,restrictions,
and limitations it deems necessary or desirable,in order
to preserve and promote the intent of the Hometown
District Overlay Ordinance.
C.Special exceptions,if granted,shall be valid only for
the specific design shown in the plans and exhibits
submitted as part of the special exception application,
as provided in Section 20-7.52 of the Land Development
Code.All deviations from the requirements of the
Hometown District Overlay Ordinance incorporated within
and reflected on the site plan and exhibits shallbe
considered a part of the application.Approval of the
site plan and exhibits by the City Commission shall
constitute approval of the non-use deviations identified
on the site plan and exhibits unless the City Commission
approves a motion to the contrary.No further individual
or separate application for deviations approved bythe
City Commission shall be required.If the applicant
wishes to make material changes to the design subsequent
to receiving aspecialexception,the applicant must
applyforanew special exception following the procedure
set forth herein.
D.Special exceptions,if granted,shall be valid if
development,as defined in Section 380.04,Florida
Statutes,commences within24monthsfromthedateof
final approval andis substantially completed within5
years fromthedateof issuance ofthe first building
permit.Thetime for substantial completion may be
extendedbytheCity Commission upon application filed
priortothe expiration ofthe substantial completion
period and upon demonstration of good cause.
20-7.52 PROCEDURE FOR SPECIAL EXCEPTION.
A.Special exceptions under this Ordinance maybe granted
onlyaftera minimum oftwo public hearings.The first
public hearing shall be before thePlanning Board,at
which timethe Planning Boardshall review theproject
andprovidetotheCityCommissionanadvisory
recommendationregarding approval,approvalwith
conditions,or disapproval.Thesecondpublichearing
shallbe held beforetheCity Commission andshallbe
held no sooner than seven calendar days following the
Planning Board hearing.Public notice requirements as
specified in Section 20-5.5(C)and (G),Applications
Requiring Public Hearings,shall be followed.
B.Requests for special exceptions under this Ordinance
shallbeinaform acceptable to the City Manager and
shall include each exhibit required per Section 20-
7.3(B),Application for Development Permit,andper
Section 20-7.4,Site Plan Requirements.In addition,the
City Commission atits discretion may require additional
exhibits and may defer approval of the special exception
application or schedule an additional public hearing or
hearings to review those exhibits.
C.The City Manager shall have authority to require
additional review and approval by the Environmental
Review and Preservation Board for developments involving
special exception,which review shall follow the
procedure set forth in Section 20-5.11 of the Land
Development Code.
D.The City Commission may grant a special exception upon
four (4)affirmative votes ofits members.
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Section 2.If any section,clause,sentence,or phrase of
this ordinance is for any reason held invalid or unconstitutional
by a court of competent jurisdiction,the holding shall not affect
the validity of the remaining portions of this ordinance.
Section 3.All ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby repealed.
Section 4.This ordinance shall take effect immediately at
•,1994.
the time of its passage.
PASSED AND ADOPTED this lst day of November
APPROVED:
ATTEST
CITY CLERK
Mma—
MAYOR
3/ER
.-....:•
YEA.
YEA
J^lNAY.
Sj\NAY.
READ AND.APPROVED AS TO FORM:
/£6<rMs.
iNGHAM VEA
^
CITY ATTORNEY
hometown.ord